News & Analysis as of

CFD Trading

Cadwalader, Wickersham & Taft LLP

The UK’s Financial Conduct Charges Reality TV Stars With Illegal Financial Promotions

The UK’s Financial Conduct Authority (“FCA”) has brought charges against several reality show participants for illegally issuing unauthorised financial promotions. These relate to an investment scheme that provided advice on...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Energy – Key Takeaways from the Energy Sector under Lockdown: Weeks 5 and 6 – Update

Continuing with our series of looking at how the energy sector is being impacted by, and managing, the on-going effects of COVID-19 and the UK lockdown, we review the key updates from the last two weeks....more

A&O Shearman

EU Restrictions on Contracts for Difference Lifted in Wake of National Measures

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The European Securities and Markets Authority has announced that it will not again renew its product intervention measure for Contracts for Differences. ESMA's product intervention powers under the Markets in Financial...more

Orrick - On the Chain

The FCA Reclassifies Cryptoassets, But Is It Moving Away From Its Technology Neutral Approach?

Orrick - On the Chain on

The Financial Conduct Authority (FCA) has released final guidance on cryptoassets in a policy statement that includes feedback from their January consultation paper. It is important to note that the policy statement is of a...more

Orrick - Finance 20/20

ESMA Will Not Renew Temporary Restriction on Marketing, Distributing and Selling CFDs to Retail Clients

On July 31, European Securities and Markets Authority (ESMA) published a press release which announced it would not renew the temporary restriction on the market, distribution or sale of contracts for difference (CFDs) to...more

A&O Shearman

Firms Criticized for Non-Compliance with the EU Contracts For Difference Product Intervention Measures

A&O Shearman on

The European Securities and Markets Authority has published a Statement cautioning contracts for difference providers to comply with its temporary product intervention measure restricting the marketing, distribution or sale...more

A&O Shearman

UK Regulator Publishes Rules Restricting Sale of Contracts for Difference and Related Options

A&O Shearman on

The U.K. Financial Conduct Authority has published the Conduct of Business (Contracts for Difference) Instrument 2019, implementing product intervention measures designed to restrict the sale, marketing and distribution of...more

White & Case LLP

FCA cites price volatility and ‘FOMO’ in proposal to ban the sale of crypto-derivatives to retail clients

White & Case LLP on

On 3 July 2019, the UK's Financial Conduct Authority published a consultation paper in which it proposed to prohibit the sale to all retail clients of derivatives and Exchange Traded Notes (ETNs) that reference certain types...more

A&O Shearman

UK Financial Conduct Authority on Onshoring the EU Temporary Product Intervention Measures

A&O Shearman on

The U.K. Financial Conduct Authority has published a statement on onshoring of the European Securities and Markets Authority's temporary product intervention measures on retail contracts for difference and binary options...more

Orrick - Finance 20/20

ESMA Renews Restriction of CFDs for Further Three Months

Orrick - Finance 20/20 on

On December 19, European Securities and Markets Authority (“ESMA”) published a press release announcing it is renewing the restriction on the marketing, distribution or sale of contracts for differences (“CFDs”) to retail...more

Latham & Watkins LLP

Private Banking Newsletter - January 2019: Issues Impacting the Private Bank Sector

Latham & Watkins LLP on

On 8 November 2018, the Joint Committee of the European Supervisory Authorities (ESAs) published a Consultation Paper concerning amendments to the PRIIPs KID. This follows a letter sent by the ESAs to the European Commission...more

A&O Shearman

UK Conduct Authority Consults on Permanent Product Intervention Measures

A&O Shearman on

The U.K. Financial Conduct Authority has launched two consultations proposing to prohibit the sale, marketing and distribution of binary options to retail consumers and to restrict the sale, marketing and distribution of...more

Latham & Watkins LLP

FCA Proposes Permanent Product Intervention Measures for Retail CFDs and Binary Options

Latham & Watkins LLP on

The rules will echo ESMA’s temporary measures, however the FCA will extend the CFD restriction to capture closely substitutable products (such as turbo certificates). The FCA has launched two consultations on: ..Banning...more

Orrick, Herrington & Sutcliffe LLP

Cryptoassets Taskforce – Final Report: Cryptoasset Regulation Is Coming … (Maybe)

The regulation of cryptoassets is a question that has been troubling lawmakers and regulators across the globe. This new phenomenon has had a small but significant effect on how financial services function and facilitates new...more

A&O Shearman

EU Contracts for Differences Product Intervention Measures Extended

A&O Shearman on

The European Securities and Markets Authority Decision renewing and amending the temporary restriction on the marketing, distribution or sale of contracts for differences to retail clients has been published in the Official...more

A&O Shearman

EU Contracts for Difference Product Intervention Measures to be Extended

A&O Shearman on

The European Securities and Markets Authority has announced that its various restrictions on the sale, distribution and marketing of Contracts for Difference to retail investors will be extended from November 1, 2018 for a...more

A&O Shearman

EU Ban Relating to Binary Options Extended

A&O Shearman on

Following its announcement in August 2018, the European Securities and Markets Authority has published notice of the extension of the prohibition on the marketing, distribution and sale of binary options to retail investors...more

A&O Shearman

International Standards Body Encourages Regulatory Clampdown on OTC Leveraged Products

A&O Shearman on

The International Organization of Securities Commissions has published a report on retail OTC leveraged products, alongside a statement warning retail investors of the risks of investing in illegal or fraudulent binary...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

U.S. Financial Industry Developments - FINRA Requests Comment on Financial Technology Innovation in the Broker-Dealer Industry - On July 30, 2018, the Financial Industry Regulatory Authority ("FINRA") published a...more

A&O Shearman

European Securities and Markets Authority Extends Product Intervention Measures for Contracts for Difference and Binary Options...

A&O Shearman on

The European Securities and Markets Authority has adopted two Decisions on the provision of Contracts for Difference and binary options to retail investors. The effect of the Decisions is to prohibit the marketing,...more

A&O Shearman

European Securities and Markets Authority Confirms Product Intervention for Contracts for Difference and Binary Options

A&O Shearman on

The European Securities and Markets Authority has confirmed that it will use its product intervention powers under the Markets in Financial Instruments Regulation to prohibit the marketing, distribution and sale of binary...more

Latham & Watkins LLP

First Use of ESMA Temporary Product Intervention Measures

Latham & Watkins LLP on

ESMA to introduce measures to restrict the provision of CFDs, and prohibit the provision of binary options, to retail investors in the EU. The European Securities and Markets Authority (ESMA) has announced the first use of...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

SEC Division of Investment Management Letter on Cryptocurrency Related Investment Products; Joint Statement by SEC and CFTC Enforcement Directors Regarding Virtual Currency Enforcement Actions - On January 18, 2018, in a...more

K&L Gates LLP

BaFin Restricts CFD Trading in Germany

K&L Gates LLP on

On 8 May 2017, the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht-“BaFin”) issued a General Administrative Act (Allgemeinverfügung) restricting the marketing, distribution and...more

Morgan Lewis

UK Financial Conduct Authority Clamps Down on Retail CFD Products

Morgan Lewis on

FCA proposes enhanced disclosure requirements for derivatives being marketed to retail investors who may not be aware of the risks. Concerned that more and more retail customers are offering and trading...more

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